Charles City

The HEAV legislative team reached out to the district to address website text that seemed to indicate parents were required to use the district’s NOI form. Further, the district’s NOI form included data fields that went beyond the statutory requirements as well as NOI option (iii) information that was inconsistent with VDOE guidance.

HEAV received a prompt and friendly response from the superintendent to advise they were working to ensure the website and all documents were updated to reflect the district’s policy. The superintendent also thanked HEAV for our continued partnership with Virginia school districts and Charles City County Public Schools. HEAV has confirmed the items of concern have been corrected. We are thankful to Charles City for this positive response.

What You Should Know:

• Parents may wish to use HEAV’s NOI form as it is consistent with the law, case law, and VDOE guidance.
• The law does not require parents to fill out district forms or provide personal data beyond what the statute allows.
• The law states parents notifying under option (iii) must submit evidence they are providing the child, “with a program of study or curriculum, which may be delivered through a correspondence course or distance learning program or in any other manner.”
• The Virginia Department of Education provides the following guidance for option (iii): “If the child is enrolled in a correspondence course or distance learning program, the parent must submit evidence of such enrollment and a list of the subjects to be studied for the coming year to the school division; however, no judgment of the materials is required of the school division superintendent. If the teaching parent provides a program of study or curriculum that is delivered through any other manner, a list of the courses to be studied for the coming year must be submitted to the school division. Submission of these materials is for information purposes only.”
• Reference: HEAV Law Flowchart, HEAV’s Notice Of Intent Form, HEAV Q&A: Birth Dates and Grade Levels On District NOI Forms, Virginia Supreme Court: Sosebee v. Franklin County School Board, VDOE 2023 Home Instruction Handbook, Compulsory Attendance Law, Home Instruction Law